Nursing Homes Cannot Ban Contact for Residents with External Entities
According to 42 CFR 483.10(k) Contact with external entities. A facility must not prohibit or in any way discourage a resident from communicating with federal, state, or local officials, including, but not limited to, federal and state surveyors, other federal or state health department employees, including representatives of the Office of the State Long-Term Care Ombudsman, and any representative of the agency responsible for the protection and advocacy system for individuals with mental disorder (established under the Protection and Advocacy for Mentally Ill Individuals Act of 2000 (42 U.S.C. 10801 et seq.), regarding any matter, whether or not subject to arbitration or any other type of judicial or regulatory action.
Facilities Cannot Ban Contact With External Entities
Nursing home residents and their representatives cannot be banned or discouraged from contacting outside agencies when they feel they need assistance. There are many such as police, adult protection, Minnesota Department of Health, Long Term Care Ombudsman, and more there to protect vulnerable adults and to investigate allegations of abuse and neglect.
Please contact elder abuse and neglect Attorney Kenneth LaBore with any questions you may have at 612-743-9048.